Breaking: Judge Lifts Restraining Order Protecting Occupy Boston From Eviction | Suffolk Superior Court Frances A. McIntyre has lifted her temporary restraining order against the eviction of Occupy Boston from Dewey Square. The longest-running occupation has been protected from eviction since Nov. 16, although Boston Police have enforced a blockade against winterized tents and other materials, including a kitchen sink. Despite deteriorating conditions due to the blockade, occupiers have continued their 24-7 protest against income inequality and political corruption.
ThinkProgress has acquired the full decision. “To the extent that the act of occupation, as defined, communicates, it speaks of boldness, outrage, and the willingness to take personal risk. But the plaintiffs’ occupation of Dewey Square to the effective exclusion of others is the very antithesis of their message that a more just and egalitarian society is possible. It does not send the message the protesters profess to intend.”
Mayor Tom Menino is “pleased” by the ruling, and tells the protesters to get out: “We are pleased with Judge McIntyre’s strong decision to repeal the restraining order that prohibited the City of Boston from removing the Occupy Boston camp at Dewey Square. We applaud the judge for clearly recognizing the City’s authority to protect all of our residents, including those currently at Dewey Square. Our first priority has always been and will always be to ensure the public’s health and safety. As outlined in the court proceeding and affirmed in the judge’s ruling, the conditions at Dewey Square have deteriorated significantly and pose very real health and safety risks. The city strongly encourages the Occupy movement to abide by the Rose Kennedy Greenway regulations and remove their tents and refrain from camping in that area. Today’s decision provides clarity surrounding Occupy Boston’s status at Dewey Square and the city will act appropriately to fulfill our duty to preserve the public’s peace and safety.”